Two legislators who met with Attorney General Greg Abbott say Gov. Rick Perry's anti-cervical cancer vaccine order does not carry the weight of law.
A statement Monday from the lawmakers says Texas health officials aren't required to follow last month's executive order.
Some lawmakers were outraged when Perry ordered the Health and Human Services Commission to adopt a rule requiring the vaccine for girls entering sixth grade as of September 2008.
Sen. Jane Nelson, R-Lewisville, and Rep. Jim Keffer, R-Eastland, later asked Abbott to clarify the governor's authority on executive orders and the Legislature's ability to overrule them.
The two lawmakers released a statement saying it appears the order is, in effect, an “advisory order” and does not carry any legal weight.
A Perry spokesperson said that making the vaccine non-mandatory would result in 65 percent fewer women receiving the vaccine.
"knowing that last week Sen. Nelson and Rep. Keffer stood up with Gov. Perry at a news conference about finding a cure for cancer, we hope they and other legislators will join him in making sure the first vaccine ever created that prevents a cancer will get the widest distribution possible to protect young women from this deadly virus,” spokesperson Robert Black said.
Tuesday, the Texas House is set to vote on a bill that would bar state officials from requiring the vaccine for school attendance.
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